Report of the Third Review of the National Environment Protection Council Acts (Commonwealth State and Territory) December 2012 National Environment Protection Council Response to the Report of the Third Review of the National Protection Council Acts
Tabled paper 599
Tabled papers for 12th Assembly 2012 - 2016; Tabled papers; ParliamentNT
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9 National Environment Protection Council NEPC Acts Third Review 2012 Any new model should ensure National Environment Protection Measures contain a clear outcome statement with goals, key performance indicators, standards and/or high-level protocols. Technical monitoring and reporting processes should be included in a separate subordinate instrument that can be readily amended or updated when required, while still providing certainty for business. Formal regulation impact statements or Office of Best Practice Regulation mechanisms may not be required where there is no significant business impact. EFFICIENCY OF NATIONAL ENVIRONMENT PROTECTION MEASURES PROCESSES AND STREAMLINING CONSULTATION PROCESSES (5.2) The review notes that the existing arrangements in the National Environment Protection Council Acts duplicate other consultation requirements and proposes that the Acts be amended to contain less prescription in relation to processes for making, varying or revoking National Environment Protection Measures. This would enable better alignment with consultation processes specified by the Council of Australian Government and relevant legislation such as the Commonwealth Legislative Instruments Act 2003. When making National Environment Protection Measures, the National Environment Protection Council should specifically consider the need to include a sunset clause or, where the intent is that the National Environment Protection Measure is ongoing, a review clause. The clause should specify the frequency of review. The Act currently requires the same process to revoke a National Environment Protection Measure as to make a National Environment Protection Measure, regardless of changes in circumstance or whether the intent of the measure was always for it to apply for a specific period (for example the Air Toxics National Environment Protection Measure). The Act should adopt a streamlined review mechanism for subordinate instruments of National Environment Protection Measures. The National Environment Protection Council Act should be amended to remove prescriptions around public consultation and development of impact statements, while retaining the requirement for consultation. Further: - the nature and extent of consultation should be determined by National Environment Protection Council and Council of Australian Governments specified consultation processes, relevant legislation such as the Legislative Instruments Act 2003 and any other requirements for consultation that may be in effect from time to time - the National Environment Protection Council should retain the ability to introduce any additional consultation mechanisms and impact statements as it sees fit.
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